---
kind: "section"
citation: "37 C.F.R. § 41.121"
title: "37"
number: "41.121"
heading: "Motions."
url: "https://uscodex.org/cfr/37/41.121"
---

# §41.121. Motions.

- (a) **Types of motions—**
  - (1) **Substantive motions.** Consistent with the notice of requested relief, if any, and to the extent the Board authorizes, a party may file a motion:
    - (i) To redefine the scope of the contested case,
    - (ii) To change benefit accorded for the contested subject matter, or
    - (iii) **For judgment in the contested case.**
  - (2) **Responsive motions.** The Board may authorize a party to file a motion to amend or add a claim, to change inventorship, or otherwise to cure a defect raised in a notice of requested relief or in a substantive motion.
  - (3) **Miscellaneous motions.** Any request for relief other than a substantive or responsive motion must be filed as a miscellaneous motion.
- (b) **Burden of proof.** The party filing the motion has the burden of proof to establish that it is entitled to the requested relief.
- (c) **Content of motions; oppositions and replies.**
  - (1) Each motion must be filed as a separate paper and must include:
    - (i) A statement of the precise relief requested,
    - (ii) A statement of material facts (see [paragraph (d)](#d) of this section), and
    - (iii) A full statement of the reasons for the relief requested, including a detailed explanation of the significance of the evidence and the governing law, rules, and precedent.
  - (2) **Compliance with rules.** Where a rule in [part 1 of this title](/cfr/37/part1.md) ordinarily governs the relief sought, the motion must make any showings required under that rule in addition to any showings required in this part.
  - (3) The Board may order additional showings or explanations as a condition for filing a motion.
- (d) **Statement of material facts.**
  - (1) Each material fact shall be set forth as a separate numbered sentence with specific citations to the portions of the record that support the fact.
  - (2) The Board may require that the statement of material facts be submitted as a separate paper.
- (e) **Claim charts.** Claim charts must be used in support of any paper requiring the comparison of a claim to something else, such as another claim, prior art, or a specification. Claim charts must accompany the paper as an appendix. Claim charts are not a substitute for appropriate argument and explanation in the paper.
- (f) The Board may order briefing on any issue that could be raised by motion.

## Notes

### Authority

Authority: 35 U.S.C. 2(b)(2), 3(a)(2)(A), 21, 23, 32, 41, 134, 135, and Public Law 112-29.

### Source

Source: 69 FR 50003, Aug. 12, 2004, unless otherwise noted.